Copyright

Breaking News: John Doe Denied For Dishoom!


dishoom-poster-759

In a significant development for both IP law and Bollywood, the movie Dishoom (starring John Abraham, Varun Dhawan and Jacqueline Fernandez) was denied a John Doe order by the Bombay high Court yesterday. This might perhaps rate as the first ever Bollywood movie where a John Doe order was denied in such strong terms (though the order leaves some scope for plaintiffs to return to court with a fresh application). In a scathing ruling that tore into the Plaintiff’s callous…


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Patent

Tidbit: Patent agent exam will happen before December 2016


Our patent office in a recent posting on its home page, informed users that the patent agent examination is likely to be held before December 2016 and detailed information would be published on the official website after finalization of certain matters. This office has been receiving frequent queries regarding plan of conducting Patent Agent Examination. In this regard, it is clarified that same is likely to be held before December, 2016. Detail information regarding same will be published on official website…


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Uncategorized

UGC Requests Varsities to Provide IPR as an Elective Course


This piece is to bring to your attention a notice published by the UGC, requesting universities and affiliated colleges to provide Intellectual Property Rights as a part of their elective system. Electives are courses which students can elect for, as opposed to mandatory courses. The notice is signed by the UGC Secretary Jaspal S Sandhu and addressed to all vice chancellors. I am reproducing the text of the notice for your convenience over here. “ Creations of mind such as…


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Copyright Trademark

Mischief Managed(?): Bombay High Court upholds Plaintiff’s privilege to sue in its place of registered office sans cause of action


The Bombay High Court has decided in a recent judgment that the Supreme Court’s landmark decision on jurisdiction in IPRS v. Sanjay Dalia cannot be read in such a way as to curtail the plaintiff’s privilege to pursue a suit in the area where the plaintiff has its registered office. Justice Gautam Patel has observed that this rule is applicable even when the plaintiff has a subordinate office in the place where the defendant is carrying on business and where…


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Uncategorized

Update on Microsoft’s run in with Bombay HC: Microsoft to enter into consent terms


Earlier this week, Prashant had reported about Microsoft getting pulled up by Justice Gautam Patel of the Bombay High Court for misleading him into granting in an Anton Piller order. Readers may recall that Microsoft was chastised for its “false suggestions” and “gross suppression” in its pleadings to the Court in the case, which involved an allegation of illegal use of Microsoft’s software by the Defendant, Girnar Software Pvt Ltd in its computer systems. The Court had then given Microsoft…


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Drug Regulation

Roche & Biocon sue each other for contempt in Herceptin biosimilar case while Roche and Hetero squabble over judge in Avastin biosimilar case


The ongoing biosimilar litigation between Roche and Indian generic companies is becoming more contentious with every passing day. ET’s Prabha Raghavan reported on July 15 that both Roche and Biocon are now suing each other for contempt before the Delhi High Court. As Rahul had reported earlier over here, Justice Manmohan Singh had passed orders in an earlier litigation restraining Biocon and its partner Mylan from using the name Herceptin (or associated Indian trademarks) while marketing its drug although he…


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Trademark

The Intricacies of an Innocent Curve


Rel mark

The Bombay High Court in Reliance Industries Ltd v Concord Enviro Systems Private Limited recently dismissed a trademark infringement suit filed by Reliance against Concord Enviro Systems. Read on for a complete analysis by Akshata Ankolekar, an associate at Solomon and Roy, Intellectual Property Services . FACTS The Plaintiff, the largest private sector corporation in India is the registered owner of’ ’ (hereinafter referred to as the ‘R Logo’) under various classes including Classes 7, 9 and 11. The Defendant…


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Others

SpicyIP Weekly Review: July 11th to 17th


We have two amazing posts making this week’s highlights: the first by our guest Harshavardhan Ganesan and the other by Balaji Subramanian. For the first highlight, Harsha brought us his insightful take over the blossoming of an unfortunate relationship between tragedies and trademark. He starts off with a brief account of the opportunistic attempts to trademark BREXIT for beer and laments over similar attempts in relation to terms, such as JE SUIS CHARLIE, which are associated with tragic events. Similarly, he also…


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Trademark

The Big Mc-Mac Wars- I: EU General Court Brews the Perfect Coffee for McDonald’s


(This post has been co-authored by Pankhuri Agarwal. She has recently completed her LL.M. in IP law from the National University of Singapore)   Background In a ruling that potentially provides McDonald’s, the U.S. fast food giant, with the exclusive right in Europe Union (EU) over the use of trademarks ‘Mc’ and ‘Mac’ for food  and beverages, the EU General Court, in Future Enterprises Pte Ltd v. EUIPO & McDonald’s International Property Co. Ltd, has earlier this month held that…


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Uncategorized

Justice Patel lambasts Microsoft for suppression and false suggestions in Anton Piller lawsuit – then offers mercy


In an order passed recently on July 15, 2016; Justice Gautam Patel of the Bombay High Court has lambasted Microsoft Corporation for misleading the court into granting an Anton Piller order on the basis of “false suggestions” and “gross suppression” in its pleadings. As our readers may be aware, Microsoft regularly sues Indian companies for copyright infringement of its software. The usual tactic is for Microsoft or its law firms or its agents like Deloitte to engage investigators to scout…


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